Despite the fact that it is considered the gold standard of our criminal justice system, a recent study reported by the New York Times asserts that eyewitness testimonies are not reliable.
According to scientists, the human memory is not an accurate record of the past; it is more like a rough sketch, and it can be modified all too easily – even by the straightforward act of telling a story. Brain scans that have been taken while people work to “recall” something they did not see actually have several similarities to the scans taken while the brain is dwelling on a real memory.
The reliability of human memory has been on trial for many years; the court system and public opinion are only now starting to catch up with the verdict. Around 75% of exonerations based on DNA have occurred in cases where eyewitnesses got the facts wrong. We may be surprised by this percentage, but researchers are not. Scientists say that eyewitness testimonies should be perceived more like “trace evidence” instead of the centerpiece of a prosecution.
If you have been injured in a car accident because of another driver’s negligence, the testimony of eyewitnesses may be a key factor in your case. Be sure you have an experienced car accident lawyer on your side who knows how to defend your rights in light of potentially conflicting witness reports.
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